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HomeMy WebLinkAbout150212_ZAReso2015-01_1221SOrangeROH — 02/12/15 RESOLUTION NO. 2015-01 A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA ADOPTING MINOR EXCEPTION NO. 2015-01 TO EXCEED THE ALLOWABLE HEIGHT FOR A SECOND DWELLING UNIT ABOVE A DETACHED GARAGE AT 1221 SOUTH ORANGE AVENUE BE IT RESOLVED BY THE ZONING ADMINISTRATOR OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Zoning Administrator of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicants are requesting approval of Minor Exception No. 2015-01 to allow the construction of a second unit above a proposed detached two - car garage at 1221 South Orange Avenue. Specifically, the applicants are requesting approval of a minor exception from section 41-194(k) of the Santa Ana Municipal Code in order to exceed the maximum height of fifteen (15) feet for a detached second dwelling unit. B. Minor Exception No. 2015-01 came before the Zoning Administrator of the City of Santa Ana for a public hearing on February 12, 2015. C. Santa Ana Municipal Code Section 41-638 authorizes the Zoning Administrator to grant a minor exception upon making certain findings. 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. There are special circumstances applicable to the subject property where the strict interpretation of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of the zoning code. The second dwelling unit proposed above a two-story garage is consistent with the development pattern of the surrounding neighborhood which contains a mixture of one and two-story residential structures. The strict interpretation of code would require the applicant to decrease the amount of available rear yard open space and result in a less advantageous project design. Other similar requests have been approved where all other requirements Resolution No. 2015-01 Page 1 of 5 have been satisfied, and the subject site was designed to be architecturally integrated into the existing neighborhood. 2. That the granting of a minor exception is necessary for the preservation and enjoyment of one or more substantial property rights. The approval of this minor exception maintains the rights of the property owners to develop their property in a manner encouraged by the State of California, i.e., providing affordable housing in single-family areas. The owners of the property wish to execute the project in accordance with the local guidelines and per AB1866, California's second dwelling law that encourages the construction of second dwelling units as an affordable housing option. 3. That the granting of a minor exception will not be materially detrimental to the public welfare or injurious to surrounding property. The project will not be materially detrimental to the public welfare or injurious to surrounding properties as it will result in the rehabilitation of an existing single-family dwelling which complies with all development standards with the exception of maximum height. The project will bring the site into compliance with the City's parking standards for single-family dwellings and serve to replace a non -conforming garage structure. The garage and second unit will be constructed at the rear of the property in order to reduce the visual impact from the street. 4. That the granting of a minor exception will not adversely affect the General Plan of the City. The requested minor exception will not adversely affect the General Plan, as it is consistent with Policy 1.1 of the Housing Element which encourages the rehabilitation, repair, and improvement of single-family structures within the City. Additionally, the project is consistent with Policies 2.3 and 2.5 of the Housing element as the new unit increases the diversity of housing types and enhances the architecture of existing structures. D. This project was reviewed in accordance with the Guidelines for the California Environmental Quality Act. The recommendation is exempt from further review pursuant to Section 15303. The Class 3 exemption allowed by Section 15303 permits in -fill developments for the construction and Resolution No. 2015-01 Page 2 of 5 location of limited numbers of new, small facilities or structures. Categorical Exemption Environmental Review No. 2015-02 will be filed for this project. Section 2. The Zoning Administrator of the City of Santa Ana hereby approves Minor Exception No. 2015-01 as conditioned in Exhibit "A" attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Zoning Administrator Action dated February 12, 2015, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 12Th day of February, 2015. A Vince Fregoso Zoning Administrator APPROVED AS TO FORM: Sonia R. Cazyalho, City Attorney By:_ Ryan Resolution No. 2015-01 Page 3 of 5 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, JOCELYN MAGALONA, Clerk of the Zoning Administrator, do hereby attest to and certify the attached Resolution No. 2015-01 to be the original resolution adopted by the Zoning Administrator of the City of Santa Ana on February 12, 2015. Date: '�2 1 g5 // S— Clerk of the Zoning Admini City of Santa Ana Resolution No. 2015-01 Page 4 of 5 Conditions for Approval for Minor Exception No. 2015-01 Minor Exception No. 2015-01 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The applicant must comply in full with each and every condition listed below prior to exercising the rights conferred by this minor exception. The applicant must remain in compliance with all conditions listed below throughout the life of the minor exception. Failure to comply with each and every condition may result in the revocation of the minor exception. A. Planning Division 1. All proposed site improvements, including all landscaping as shown on the site plan, must conform to the site plan review approval of RES 2015-107. 2. Any amendment to this minor exception must be submitted to the Planning Division for review. At such time, staff will determine if administrative relief is available or if the minor exception must be amended. 3. The project shall be submitted as a single phase as the approval of the second dwelling unit is predicated on the 995 square foot addition to the existing primary residence on the property. 4. Prior to the issuance of a building permit, the owner or owners of the parcel shall file a recorded covenant, in a form approved by the city attorney affirming and consenting that either the primary dwelling unit or the second dwelling unit shall be owner -occupied. Exhibit A Page 1 of 1 Resolution No. 2015-01 Page 5 of 5 PROOF OF SERVICE (C.C.P. SECTION 1013(a), 2015.5) STATE OF CALIFORNIA, COUNTY OF ORANGE I am employed in the aforesaid county; I am over the age of eighteen and not a party to the within action; my business address is 20 Civic Center Plaza, Ross Annex 2nd Floor, Santa Ana, California 92701. I served the foregoing document described as: Resolution No. 2015-01 (Minor Exception No. 2015-01) in this action by placing a true copy thereof en�e�c in sealed envelopes addressed as follows: Salvador & Aida Perez 1221 South Orange Avenue Santa Ana. CA 92707 [ ] I caused to be delivered by courier, such envelope by hand to the office of the addressee(s). [X] BY MAIL I am readily familiar with my employer's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid at Santa Ana, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] The document was transmitted by facsimile transmission and was reported as complete and without error. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on February 25, 2015_at_Santa Ana, California. JOCELYNPAGAL`Gid"